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Ex-commando Heston Russell wins $390,000 in defamation case against ABC
Judgment 2023-10-16 12:27 pm By Cindy Cameronne

A judge has awarded ex-commando Heston Russell $390,000 in damages over coverage of alleged war crimes in Afghanistan, in the first ever post-trial judgment in a defamation case to consider the public interest defence.

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Court throws out $850M lawsuit over Pentridge development
Real Estate 2023-10-16 11:39 pm By Sam Matthews

A judge has dismissed a lawsuit brought over a development in Melbourne’s north, citing “inordinate and inexcusable delay” on behalf of the collapsed developer and its builder, which replaced its solicitors seven times.

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ANZ breached continuous disclosure rules during $2.5B share placement, court finds
Securities 2023-10-13 5:08 pm By Cindy Cameronne

A judge has found that ANZ breached continuous disclosure rules by failing to disclose a $750 million bailout by underwriters Deutsche Bank, Citigroup and JP Morgan during its $2.5 billion equity capital raising in August 2015.

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Court can order solicitor to return fees for ‘exorbitant overcharging’
Legal Ethics 2023-10-13 4:18 pm By Cindy Cameronne

A court made valid orders for a Queensland solicitor to pay back $251,255 to the relative of a former client, an appeals court has found, saying that “exorbitant charging debases the reputation of the legal profession”.

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Bondholders class action faced obstacles, but proving climate risk not one of them: judge
Class Actions 2023-10-13 11:53 pm By Cat Fredenburgh

A judge who signed off on a settlement in a class action against the  government by sovereign bondholders over the disclosure of climate risks said proving climate change posed a risk to government coffers may not be as difficult as the government has claimed.

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Judges have power to make settlement CFOs, says Full Court
Class Actions 2023-10-12 11:36 am By Cindy Cameronne

The Full Federal Court has answered a question vexing the court for the past four years, ruling that class action judges have the power to make common fund orders at settlement that allow litigation funders to reap a percentage commission beyond their contractual entitlement. 

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Full Court shoots down ‘misconceived’ bid to undermine Fair Work class actions
Employment 2023-10-12 4:51 pm By Cindy Cameronne

A judge has declined a union’s bid to throw out an employee class action against McDonald’s after the Full Federal Court confirmed that employee class actions are not precluded by the Fair Work Act. 

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Judge’s blessing of ‘solicitors’ CFO’ may bring class actions back to Federal Court
Class Actions 2023-10-12 11:40 pm By Cat Fredenburgh

A Federal Court judge’s endorsement of the novel idea of a ‘solicitors’ common fund order’ may reverse the trend of class action lawyers running to the Supreme Court of Victoria, where they can earn a contingency fee, to file their cases.

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Experience trumps funding model in Jaguar Land Rover beauty parade
Class Actions 2023-10-12 12:29 pm By Cindy Cameronne

A judge has awarded carriage of a class action against Jaguar Land Rover over allegedly defective diesel filters to a law firm that won a similar case against another car maker, saying the firm’s experience was not a “neutral factor”.

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Wealth manager Escala can’t restrain execs who jumped ship to LGT Crestone
Employment 2023-10-12 2:09 pm By Sam Matthews

Wealth manager Escala Partners has failed in its bid to restrain two senior financial advisors who defected to rival Crestone from working in wealth management and soliciting its clients.

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